Criminal and civil law, and the steps of a trial

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   Use this

   Card B. Constitution, Sixth Amendment (1791). Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Card D. Gideon v. Wainwright (1963, 9 to 0). Gideon was charged by the State of Florida with a break-in, was too poor to hire a lawyer and was refused one, then convicted. Exact words from Justice Black's opinion: “any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.”

2. 1.

   A made-up state charges Bo with a felony. Bo cannot pay a lawyer, and the judge says the state owes none. Zee uses Cards B and D. What follows?

   • Card B names counsel; Card D says a poor defendant needs one, so the state must supply a lawyer
   • Nothing follows, since Card B limits the national government and Bo was charged by a state court
   • Card B gives Bo the right to hire a lawyer, and Card D leaves a poor defendant to find help alone
   • The state must also pay Bo's bail and fines, since a fair trial cannot cost the defendant anything

3. Use this

   Card E. In re Winship (1970). Exact words from Justice Brennan's opinion: “we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” Card H. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). A criminal case: the government must prove guilt beyond a reasonable doubt, and the Fifth Amendment protects a person from being tried twice for the same offense. A civil case: a private party or the government sues for money or an order, and the plaintiff must show the claim is more likely true than not.

4. 2.

   In a made-up theft trial, the prosecutor proves beyond a reasonable doubt that the defendant took a bike, but proves intent only by a preponderance. Esme reads Card E. What does it require?

   • Proof beyond a reasonable doubt of each fact the crime needs, intent included, so the case falls short
   • The lower standard of Card H is enough for the last fact, since it is the weaker of the two
   • The conviction stands, since the jury must find guilt more likely than not overall
   • The high standard applies to the act alone, since a person's intent cannot be proved with certainty

5. Use this

   Card D. Gideon v. Wainwright (1963, 9 to 0). Gideon was charged by the State of Florida with a break-in, was too poor to hire a lawyer and was refused one, then convicted. Exact words from Justice Black's opinion: “any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” Card B. Constitution, Sixth Amendment (1791). Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Card H. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). A criminal case: the government must prove guilt beyond a reasonable doubt, and the Fifth Amendment protects a person from being tried twice for the same offense. A civil case: a private party or the government sues for money or an order, and the plaintiff must show the claim is more likely true than not.

6. 3.

   “Gideon says any person haled into court needs a free lawyer,” says Ren. A poor defendant in a civil lease dispute asks for one. Which reply uses Cards B, D and H?

   • Yes, since a civil case needs proof beyond a reasonable doubt, which a lawyer is needed to test and challenge
   • Card D arose from a criminal charge and Card B names “criminal prosecutions,” so it may not carry over
   • Yes, since Card D's words “any person haled into court” cover civil and criminal cases alike, with no limit
   • No, since Card D says nothing a civil defendant could rely on, so it has no value in any later dispute

7. Use this

   Card A. Constitution, Fifth Amendment (1791), first clause. Exact words (National Archives transcript): “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”.

8. 4.

   Federal prosecutors want to try a made-up defendant for a serious felony with no grand jury and no exception in play. Pia reads Card A. Which sentence is best?

   • The defendant cannot object, since the grand jury is the Sixth Amendment's jury that decides guilt at trial
   • The defendant can object, since Card A requires an indictment for such a crime unless an exception applies
   • The defendant cannot object, since the exceptions let the government skip a grand jury whenever war or danger exists
   • The defendant can object, since Card A requires a grand jury to approve any criminal charge, however small

9. Use this

   Card F. Stack v. Boyle (1951). Exact words from Chief Justice Vinson's opinion: “The right to release before trial is conditioned upon the accused's giving adequate assurance that he will stand trial and submit to sentence if found guilty.” and “Bail set at a figure higher than an amount reasonably calculated to fulfill this purpose is 'excessive' under the Eighth Amendment.” Card G. Constitution, Eighth Amendment (1791). Exact words (National Archives transcript): “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

10. 5.

    A made-up judge sets bail of $400,000 for a person with deep local roots and no record, saying the charge is serious. Tala reads Cards F and G. What does Card F add to “excessive”?

    • “Excessive” is measured against a purpose, assuring a trial appearance, so seriousness alone cannot justify any figure
    • Bail must match the maximum fine for the charge, since both are sums of money the court sets and collects
    • Bail may not be set for a serious crime, since the Eighth Amendment treats bail for a serious charge as excessive
    • Bail may be set at any figure the charge's seriousness suggests, since the judge alone sets the amount and the reasons

11. Use this

    Card B. Constitution, Sixth Amendment (1791). Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

12. 6.

    At a made-up trial the prosecutor reads aloud a written statement from an absent witness, so the defendant cannot question that witness. Kira reads Card B. Which words are at issue?

    • “to have compulsory process for obtaining witnesses in his favor”, since the witness is missing
    • “to be confronted with the witnesses against him”
    • “speedy and public trial”, since a statement read aloud makes the trial go faster
    • “to be informed of the nature and cause of the accusation”, since the statement adds to the charge

13. Use this

    Card H. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). A criminal case: the government must prove guilt beyond a reasonable doubt, and the Fifth Amendment protects a person from being tried twice for the same offense. A civil case: a private party or the government sues for money or an order, and the plaintiff must show the claim is more likely true than not. Card A. Constitution, Fifth Amendment (1791), first clause. Exact words (National Archives transcript): “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”.

14. 7.

    A jury finds Milo not guilty of damaging a fence (made up). The owner then sues Milo for the damage, and a second jury finds for the owner. What explains both results?

    • The second suit should be barred by double jeopardy, since Milo was already tried for the same fence
    • The first verdict shows Milo did nothing to the fence, so the second jury must have made an error
    • The first jury found guilt not proved beyond a reasonable doubt; the second found the claim probably true
    • Civil juries decide guilt just as criminal juries do, so the two juries simply disagreed about the same facts

15. Use this

    Card E. In re Winship (1970). Exact words from Justice Brennan's opinion: “we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” Card H. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). A criminal case: the government must prove guilt beyond a reasonable doubt, and the Fifth Amendment protects a person from being tried twice for the same offense. A civil case: a private party or the government sues for money or an order, and the plaintiff must show the claim is more likely true than not.

16. 8.

    A made-up state calls a petty-theft charge “civil” to use the lower standard, though the penalty is 30 days in jail. Noah reads Cards E and H. Which reading do they support?

    • Any case the government brings needs proof beyond a reasonable doubt, whatever it asks the court for
    • The label is just a name, and Card E has nothing to say about what a state may call a case of theft
    • Card E protects the accused against conviction, so a charge carrying jail keeps the high standard
    • The label controls, since Card H says civil cases use the lower standard and the state called this one civil

17. Use this

    Card A. Constitution, Fifth Amendment (1791), first clause. Exact words (National Archives transcript): “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”. Card B. Constitution, Sixth Amendment (1791). Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

18. 9.

    “The Fifth and Sixth Amendments both describe a jury, so they protect the same thing,” says Bo. What do Cards A and B show?

    • They are the same jury, since both cards use the word “jury” for the group that hears the case
    • Both guard the accused against the government, so the two juries are one protection described twice
    • Nothing can be concluded, since the cards do not say what the jury members do
    • Card A's grand jury decides whether to charge and Card B's jury decides the trial: two steps

19. Use this

    Card D. Gideon v. Wainwright (1963, 9 to 0). Gideon was charged by the State of Florida with a break-in, was too poor to hire a lawyer and was refused one, then convicted. Exact words from Justice Black's opinion: “any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” Card B. Constitution, Sixth Amendment (1791). Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

20. 10.

    “Gideon created the right to a lawyer in 1963,” says Luz. Using Cards B and D, which reply is best?

    • Card B names the right; Gideon held that a state must provide a lawyer to a poor defendant
    • Right, since a Supreme Court case can create a right that no earlier document ever named
    • Right, since Card D is the first place a right to counsel appears in any law or court ruling
    • Wrong, since Card B already requires a court to pay for a lawyer for any defendant who asks